Legal Question in Immigration Law in New York

We had been USA for 10 years with 2 kids (born here 3 n 5 years old) and and had never leave US.Can we apply for the 10 years Greencards ? Is there such law where overstay visitors who stay here more than 10 years can apply for the Greencard? What are the success rate on this for Malaysian? How is the process go and how long will it take? If we, failed what are the consequences, can my kids apply for the Greencard for us when they reached 21years old after we request to our our country?


Asked on 1/30/11, 11:47 pm

2 Answers from Attorneys
Seeta Nangia Law Offices of Seeta Nangia

No- there is no such thing as staying here for 10 years and then being able to apply for a green card. Your children must be 21 before they can petition for you to adjust status to lawful permanent residents.

Seeta L. Nangia, Esq.

Law Offices of Seeta Nangia

Exclusively Practicing Immigration Law

Phone: (415) 273-9123

Email: [email protected]

Website: www.nangialaw.com

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Answered on 2/08/11, 3:23 pm
Luba Smal Smal Immigration Law Office

You are mistaken. There is no such a law. If you are already in removal (deportation) proceedings, then some people can apply for cancellation, but it's rarely granted.

If parents came to USA legally on a visa, their children can petition for their residency through adjustment of status when children are 21 or over.

Note: The above response is provided for legal information purposes only and should not be considered a legal advice; it doesn�t create an attorney-client relationship. If you want to schedule legal consultation, or need legal advice and help, or help with reviewing the documents and paperwork that you prepared yourself - you can EMAIL me at Attorney@ law-visa-usa.com and I�ll send you a confidential Questionnaire and instructions. Or complete an Info Form with a consultation request at https://lawvisausa.powweb.com/info_form.html . For more information please visit http://www.law-visa-usa.com/contact_us.html

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Answered on 2/08/11, 4:22 pm


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